Jaybir Singh @ Jayvir Singh @ Jayvir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.698 of 2021 Arising Out of PS. Case No.-232 Year-2020 Thana- BAUSI District- Purnia ====================================================== Jaybir Singh @ Jayvir Singh @ Jayvir Son Of Late Kumar Pal Resident Of Village- Daniyarganj, Police Station- Dehulna, District- Kanshiram Nagar (Uttar Pradesh) ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Baisi P.S. Case no. 232 of 2020 registered under sections 272 and 273 of the Indian Penal Code and sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act.

As per allegation in the FIR, on the truck being driven by the petitioner being searched, it is stated that 3069 litres of IMFL was recovered.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and incorrect. No recovery of any incriminating article has taken place. He is only the driver of the vehicle and did not know about the

Patna High Court CR. MISC. No.698 of 2021(2) dt.18-03-2021 2/2 contents of the loaded goods. He is in custody since 23.9.2020 and has no criminal antecedent. It is finally submitted that he undertakes to abide by all the conditions which may be laid down by this Court.

Learned APP for the State has opposed the prayer for bail. Having heard learned counsel for the parties and taking into consideration the petitioner not having any criminal antecedent and charge sheet having been submitted in the case, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Baisi P.S. Case no. 232 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Purnia on the following conditions.

1. One of the bailors of the petitioner shall be a resident of a place within the jurisdiction of the learned Court below.

2. The other bailor shall be a close relative of the petitioner.

(Partha Sarthy, J) Prakash/- U